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CONTRACT NO. 2102-08121INSTRUCTIONS TO BIDDERSIB-04BID DEPOSIT (con’t.)The Bidder hereby agrees that the bid deposit shall be forfeited to the County as liquidated damages and not as penaltyin the event Bidder fails to comply with IB-15 and IB-17, or otherwise fails or refuses to honor the Bid Proposal uponaward of the Contract by the County.The bid deposit of all bidders will be returned, with the exception of the apparent lowest responsive and responsibleBidder, after the County has awarded the Contract. The bid deposit of the lowest responsive and responsible Bidderwill be returned after the Contract has been awarded and the Bidder has submitted all insurance documentation andthe Performance and Payment Bond, as required by the Contract Documents.IB-05EXCEPTIONS AND ADDENDUMThe County will not provide oral answers to questions concerning Bid Documents before or subsequent to the award of aContract. If an interpretation or clarification of the Bid Document is desired by the Bidder or if the Bidder intends to requesta deviation to the Specifications, the Bidder shall submit questions or request for the deviation to the Specifications to theChief Procurement Officer prior to the date for inquiries set forth in the Special Conditions. The Chief Procurement Officerwill answer questions or requests for deviations to the Specifications by issuing an Addendum which shall be available toall Bidders submitting a Bid Proposal. If no Addendum is issued by the Chief Procurement Officer, then such deviation orexception to the Specification shall be deemed rejected. The Chief Procurement Officer shall reject any Bid containingdeviations or exceptions to the Specifications not previously accepted through a written Addendum. Bidder shallacknowledge receipt of each Addendum issued in the space provided on the proposal form. The Bidder’s failure toacknowledge in writing any issued addenda may result in the CPO finding the Bid non-responsive and rejecting the Bid.The OCPO shall not allow any Bidder to acknowledge any such addenda, in writing or orally, after the bidding period hasclosed.All written requests for clarifications, deviations or exceptions shall be addressed to the Specification Engineer or ContractNegotiator listed on the Bid Cover Page:If the apparent lowest Bidder takes exceptions or deviations to the General Conditions, which are submitted with the Bid,the CPO shall reject the Bid as non-responsive in the event that the Chief Procurement Officer, in his or her sole opinion,determines such exceptions or deviations to be material.IB-06BIDDER REPRESENTATIONS AND WARRANTIESThe submission of a Bid shall constitute a representation and warranty that: (i) Bidder has carefully and thoroughlyreviewed the Contract Documents and has found them complete and free from ambiguities and sufficient to describe therequired goods, equipment, supplies or services; (ii) Bidder and all laborers, employees or subcontractors it intends to usein the performance of this Contract are skilled and experienced in the type of work or services called for by the ContractDocuments; and (iii) neither the Bidder nor any of its employees, agents, suppliers or subcontractors have relied on anyverbal representations from the County, or any of the County's employees, agents, or consultants, in preparing the Bid.IB-07SUBMISSION OF BID PROPOSALSAll Bidders shall submit Bids to the OCPO electronically as per the instructions in Exhibit I for Instructions for Submittingan Electronic Bid. OCPO will not accept hardcopy Bids. Bidders are instructed not to send Bids via US Mail or any othercarrier service.IB-08BID PROPOSALS TO CONFORM TO BID DOCUMENTSThe County will not entertain or consider any Bids: (i) received after the exact time specified in the Bid; (ii) not accompaniedby the required bid deposit; or (iii) in any other way failing to comply fully with the conditions stated in the Bid.IB-3April 2020

CONTRACT NO. 2102-08121INSTRUCTIONS TO BIDDERSIB-09COMPETENCY OF BIDDERNo Contract shall be awarded to a Bidder that is in arrears or is in default to the County upon any debt or Contract, or thatis a defaulter, as surety or otherwise upon any obligation to said County, or has failed to perform faithfully any previouscontract with the County.IB-10LOCAL BUSINESS PREFERENCEThe Chief Procurement Officer shall, for all Procurements funded solely with County dollars by competitive sealed bidding,accept the lowest bid price or lowest evaluated bid price from a responsive or responsible local business, provided thatthe Bid does not exceed the lowest bid price or lowest evaluated bid price from a responsive and responsible non-localbusiness by more than five percent (5%).“Local business” shall mean a Person, including a foreign corporation authorized to transact business in Illinois, having abona fide establishment located within the County at which it is transacting business on the date when a Bid is submittedto the County, and which employs the majority of its regular, full-time work force within the County. A Joint Venture shallconstitute a Local Business if one or more Persons that qualify as a "Local Business" hold interests totaling over 50 percentin the Joint Venture, even if the Joint Venture does not, at the time of the Bid submittal, have such a bona fide establishmentwithin the County.IB-11RE-ENTRY EMPLOYMENT EARNED CREDITSIn accordance with Section 34-231 through Section 34-235 of the Cook County Procurement Code, for all Public WorksContracts, with an estimated Bid Price of 100,000 or more, the Bidder shall be permitted but is not required, to submit anemployment plan of Former Offenders with its Bid Proposal in order to receive an earned credit for future Public WorksContracts. The Employment Plan shall be approved by the CPO and, if required, the Cook County Re-entry EmploymentCommittee. Upon the completion of a qualifying contract and the Bidder presenting satisfactory information anddocumentation to the CPO, the CPO shall provide the Bidder with an Earned Credit Certificate, which shall be valid forthree years from the date of issuance. The Bidder shall receive an earned credit of ½% of the Bid Price for future PublicWorks Contracts, if 5-10% of the percentage of Total Labor Hours are performed by Former Offenders, and an earnedcredit of 1% of the Bid Price for future Public Works Contracts, if the more than 10% of the percentage of Total LaborHours are performed by Former Offenders. For purposes of this provision, “Former Offenders” shall mean adults who areresidents of the County and who have been convicted of a crime. “Labor hours” shall mean the total hours of workersreceiving an hourly Wage who are directly employed at the work site. It shall include hours performed by workersemployed by the contractor and all subcontractors working at the site. “Labor hours” shall not include hours worked bynonworking former, superintendents, owners and workers who are not subject to prevailing wage requirements.IB-12ELIGIBLE VETERANS BID PREFERENCE FOR PUBLIC WORKS CONTRACTIn accordance with Section 34-236 (a) of the Cook County Procurement Code, for all Public Works Contracts, the CPOshall give a preference of one percent of the amount of the Contract to a Responsible and Responsive Bidder for a PublicWorks Contract when such Bidder has committed by affidavit to utilize Eligible Veterans for at least five percent of thehours worked under such Contract. Failure to utilize Eligible Veterans in accordance with the affidavit will result in breachof Contract.IB-13ELIGIBLE BID PREFERENCE FOR VBEs and SDVBEsIn accordance with Section 34-236 (b) of the Cook County Procurement Code, the CPO shall give a preference of fivepercent of the amount of the Contract to a Responsible and Responsive Veteran owned Business Enterprises (“VBEs”)or Service Disabled Veteran owned Business Enterprises (“SDVBE”) certified by the Contract Compliance Director(“CCD”), or by any other entity approved by the CCD.IB-14ELIGIBLE BID PREFERENCE FOR BUSINESSES OWNED BY PEOPLE WITH DISABILITIESIn accordance with Section 34-242 (a) of the Cook County Procurement Code, the CPO shall recommend award to thelowest Responsible and Responsive Bidder who is a PDBE, provided that the Bid of such bidder does not exceed the Bidof the lowest Responsible and Responsive Bidder by more than five percent (5%).IB-4April 2020

CONTRACT NO. 2102-08121INSTRUCTIONS TO BIDDERSIB-15PUBLIC WORKSFor all Public Works Projects, the Bidder shall comply with Section 34-190 of the Cook County Procurement Code, whichrequires that Public Works Contracts having an estimated contract price of 100,000 or more, where not otherwiseprohibited by Federal or State law, shall have at least 50 percent of the total hours worked on the site by employees of theContractor and subcontractors shall be performed by residents of the County.All Bid Proposals for Public Works Construction shall be evaluated to determine, whether the Bidder is responsible, inaccordance with Section 34-145 of the Cook County Procurement Code. In accordance with Section 34-145 the CPOshall determine whether the Bidder: (i) is authorized to do business in Illinois and the County; (ii) has, as applicable, aFederal Employer Identification Number or Social Security; (iii) meets any applicable insurance requirements in the BidDocument; (iv) has certified that it is in compliance with all provisions of the Illinois Prevailing Wage Act, and State andFederal equal employment opportunity laws; (v) has certified that it participates in active apprenticeship and trainingprograms approved and registered with the United States Department of Labor Bureau of Apprenticeship and Training foreach of the trades of work contemplated under the awarded Contract; (vi) contractually requires any subcontractor toparticipate in active apprenticeship and training programs approved and registered with the United States Department ofLabor Bureau of Apprenticeship and Training for each of the trades of work contemplated under the awarded Contract;and (vii) has agreed to provide Certified payrolls as specified in the Illinois Prevailing Wage Act.IB-16CONSIDERATION OF BID PROPOSALSThe County reserves the right to reject or accept any or all Bid Proposals, to extend the bidding period, to waivetechnicalities in the Bid and/or to withdraw or cancel the Bid or to issue a new Bid, i.e., “rebid” prior to award of the Contract.No physical public bid opening shall be held. A preliminary record of all bids received will be posted to the OCPO websiteand shall be made available immediately after the bids are opened.After the bidding period has closed, the Bid Proposals will be evaluated based on the price, conformance withSpecifications, the responsibility of the various Bidders taking into consideration factors including, but not limited to, thosenoted in IB-09, IB-10 and responsiveness to the County's Minority and Women Owned Business Ordinance.The Chief Procurement Officer reserves the right to make corrections, after receiving the Bids, to any clerical error apparenton the face of the Bid, including but not limited to obviously incorrect units or misplaced decimal points, or arithmetic errors.In the event that comparison of the Bidder’s “Unit Price” and “Total Price” submitted for any line items reveals a calculationerror, the Unit Price will prevail.The Chief Procurement Officer reserves the right to reject any Bid that, in his or her discretion and authority is deemedmaterially unbalanced.IB-17WITHDRAWAL OF BID PROPOSALSBidders may withdraw their Bid Proposals at any time prior to the time specified in the Bid as the date and hour set forthe Bid Due Date. However, no Bidder shall withdraw, cancel or modify its Bid Proposal for a period of ninety (90)calendar days after the Bid Due Date.IB-18NOTICE OF AWARDThe Chief Procurement Officer shall notify the successful Bidder, in writing, of award of the Contract by the Countywithin ninety (90) days from the Bid Opening date. Upon receipt of the Notice of Award, the Contractor shall promptlysecure, execute and deliver to the Chief Procurement Officer any documents required herein.IB-5April 2020

CONTRACT NO. 2102-08121INSTRUCTIONS TO BIDDERSIB-19BID DISPUTESSection 34-136 of the Cook County Procurement Code permits Bidders to file protests. Any Bidder who reasonablybelieves that the recommended Bidder is not the lowest Responsive and Responsible Bidder, or has a complaint aboutthe bid process, may submit a bid protest, in writing, and directed to the CPO, within three business days after the dateupon which the CPO posts the recommended Bid for award or execution on the County’s website. The bid protest mustspecify why the protester believes the recommended Bidder is not the lowest Responsive and Responsible Bidder, or whythe protestor believes the bid procedure was unfair, including a statement of how the alleged unfairness prejudiced theprotesting Bidder and the action requested of the CPO. A bid protest based on an issue which could have been clarifiedthrough a request for clarification or information pursuant to Section 34-136(d), and IB-05, Communications with theCounty regarding competitive bidding process, will not be considered if the protesting Bidder failed to make such request.When a bid protest has been submitted, no further action shall be taken on the Procurement until the CPO makes adecision concerning the bid protest, unless the Using Agency responds in writing and sufficiently demonstrates that (i) theitem to be procured is urgently required and (ii) failure to make the award promptly will unduly delay delivery or performanceor cause other undue harm.The CPO shall issue a written decision on the bid protest to the protesting Bidder and to any other Bidder affected bysuch decision as soon as reasonably practicable. If the bid protest is upheld based on a lack of fairness in the bidprocedure, the CPO shall re-bid the procurement. If the CPO determines that the recommended Bidder was notResponsive and Responsible, that Bidder shall be disqualified and the CPO may either recommend the lowestResponsive and Responsible Bidder or re-bid. Any CPO decision concerning bid protests shall be final.IB-20PERFORMANCE AND PAYMENT BONDWhen required in Bid Documents, the successful Bidder shall furnish a Performance and Payment Bond in the full amountof the Contract on the County Form, a specimen of which shall be provided. The Surety issuing the Performance andPayment Bond must have a general rating of "A" and shall be a Class VII or higher in the financial size category as definedby Best's Key Rating Guide-Property and Casualty, or have such ratings as specified in the Contract Documents.In the event that the Bidder fails to furnish the Performance and Payment Bond within fourteen (14) calendar days afterservice of the Notice of Award, the County may elect to retain Bidder's bid deposit as liquidated damages and not as apenalty and reject the Bid. The parties agree that the sum of the bid deposit is a fair estimate of the amount of damagesthat the County will sustain due to the Bidder's failure to furnish the Performance and Payment Bond and the terminationof the Contract.IB-21PRICES FIRMAll prices quoted in the Bid Proposal shall be firm and will not be subject to increase during the term of the Contract,except as otherwise provided in these Contract Documents.IB-22CASH BILLING DISCOUNTSCash billing or percentage discounts for payment will not be considered in evaluating Bid Proposals.IB-23CATALOGSEach Bidder shall submit, where necessary or when requested catalogs, descriptive literature, and detailed drawings,fully detailing features, designs, construction, appointment and finishes not covered in the Specifications but necessaryto fully describe the goods, equipment, supplies or services.IB-24AUTHORIZED DEALER/DISTRIBUTORFor goods, equipment and supplies, the Bidder must be one of the following: (i) the manufacturer; (ii) an authorizeddealer/distributor; or (iii) able to promptly secure the necessary genuine parts, assemblies and/or accessories assupplied by the original equipment manufacturer (O.E.M.), along with any necessary schematics or drawings to fulfillthe contractual obligations. With respect to the purchase of vehicles, or services related to vehicles, the Specificationsor Special Conditions may require that the Bidder be an authorized dealership of the manufacturer. The Bidder mustbe able to furnish original product warranty and manufacturer's related services such as product information, productre-call notices, etc. Proof of ability to transfer product warranty to the County is to be submitted with the Bid Proposal.IB-6April 2020

CONTRACT NO. 2102-08121INSTRUCTIONS TO BIDDERSIB-25TRADE NAMESIn cases where an item is identified by a manufacturer's name, brand name, trade name, catalog number, or reference,it is understood that the Bidder proposes to furnish the item identified and does not propose to furnish an alternate butequivalent item, unless the Bidder has proposed and the County has accepted the alternate but equivalent item.Unless the Bid states that no substitute shall be allowed, the reference to a manufacturer’s name, brand name, tradename, catalog number, or reference is intended to be descriptive and not restrictive and to indicate to prospectiveBidders articles that shall be satisfactory. Bid Proposals for other manufacturer names, brand names, trade names,catalog numbers or references shall be considered, provided each Bidder states on the face of the Bid Proposal whatalternate, but equivalent items are being proposed.If the Bidder proposes alternate, but equivalent, items, the Bidder must provide the following: (i) product identification,including manufacturer’s name and address; (ii) manufacturer’s literature identifying the product description, referencestandards and performance and test data; (iii) samples, as applicable; and (iv) itemized comparisons of the proposedalternate items listing significant variations. If a Bidder proposes alternate items, it warrants and represents that inmaking a formal request for substitution that: (i) the proposed alternate item is equivalent to or superior in all respectsto the item specified in the Bid; and (ii) that the same warranties and guarantees will be provided for the proposedalternate items as those specified in the Bid. The CPO may, in his or her sole discretion accept an alternate item for aspecified item, provided the alternate items so bid is, in the CPO’s sole opinion the equivalent of the item specified inthe Bid. An alternate item that the CPO determines not to be equivalent to the specified item shall render the bid nonresponsive and the CPO shall reject the Bid.IB-26SAMPLESBidders may be asked upon request of the Chief Procurement Officer, including subsequent to the Bid Due Date, tofurnish and deliver a representative sample sufficient to effectively evaluate each item listed in the Bid Proposal. Allsamples must be delivered F.O.B. DESTINATION, FREIGHT PREPAID to an identified delivery location within five (5)business days of the request. Samples submitted must be identical to those specified in the Bid Proposal. Submissionof other than the samples reflected in the Bid Proposal or failure to furnish samples within the required time period shallbe cause for rejection of the Bid Proposal. All samples are subject to mutila

If the Bidder is a joint venture, attach a copy of the joint venture agreement. D. If the Bidder is a member-managed LLC all members must execute the EDS, unless otherwise provided in the operating agreement, resolution or other corporate documents. If the Bidder is a manager-managed LLC, the manager(s) must execute the Bid Proposal.